Supreme Court of Delaware

Phillips v. State

July 21, 2020

Summary

The Supreme Court of Delaware affirmed the denial of Phillips’s postconviction motion alleging ineffective assistance based on counsel’s failure to request a mistrial after a juror reported difficulty participating in deliberations. The Court held that counsel’s decision to leave the juror on the panel was a reasonable strategic choice and that Phillips failed to establish a reasonable probability that a mistrial or juror interview would have produced a different result.